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#1 Posted : 05 April 2002 14:07:00(UTC)
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Posted By Ann Hacon Does anyone have any information on the subject of case law relating to the definition of (1) the employer (2) persons in control of premises? With thanks Ann
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#2 Posted : 07 April 2002 11:49:00(UTC)
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Posted By Philip McAleenan Ann, The definition of an employer is based on the relationship with another who is an employee and can be defined as existing "when the employer has the right at the moment to control the manner in which the employee shall act. The employer is liable for the act of default of his employee committed in the course of and within the scope of his employment on the ground of implied authority". The person in control of a building or premises is concerned with a different set of relationships, i.e. between landlord and tenant, and the extent of that control and the duties of the relevant parties are detailed in the agreement between both parties (where there are multiple parties, as in a large premises occupied by several different businesses, as many different agreements will exist). The following web-site may be of assistance to you: http://www.workplacelaw.net/ Regards, Philip
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